River Trapping in Iowa

[kyle]

I've always wanted to run a coon line on the river. And this year looks like it is the year to do it.
I don't really know what the law is for trapping the river banks exactly.
Is there a flood plain that we are allowed to be on without being "persecuted." Or is it trespassing to just set foot on the bank?
I'm aware that I will constantly be wet, muddy, ect...

[~ADC~]

Kyle it depends on the river. The Cedar should be fine for you to trap legally, small streams are defined differently. We had a post about this once here, I'll see if I can find it.

~ADC~

[kyle]

Yes, this will be the Cedar. I won't be going up into the fields or anything. Just pocket sets and the occasional trail following the bank, so I won't be more than 5-10 feet from the water...if I even get out of the water.

[Bankrunner]

I think its to the high water mark for right of way.

[k9]

Well the high water mark this year makes it pretty wide open!

I have not river trapped like you guys are talking. However I would till pay attention to all government ground along the river, and get out of the boat and up on it as much as possible. There is ALWAYS a high bank travelway for coon on any waterway. Some of those coon are not coming down to the water. the USA has bought up a lot of flood plain ground and it is open game. I would get familiar with that ground and run my line as follows.

Every small stream etc that dumps into the river would get multiple sets when possible. If legal, while out of the boat at those streams I would also pop up onto the bank and make 220 or snare sets, or Griz sets on the high bank trail. If running drowners on a two day or more check, I would still go up there and trail fish oil down to my water sets, to try to bring down the bank runners.

At each beaver run or other potention travelway, I would go up on the bank and set up the high bank trails also.

Keep in mind this is all theory on my part. Maybe after a day or so of dinking around on the high banks I would give it up, but I doubt it

[Hawkeye]

I trap the Cedar river for coon and beaver, coon sets are 90% bucket sets.In MHO it's the way to trap! cover lots of ground fast.
But Cedar might not produce that good this year with the flood we had.

[kyle]

I'm not a big fan of the bucket set, after wading through the possums to get to only a few coons I have sort of given up on the buckets. But I was planning on snaring those high bank trails that follow the river.

[x-demoman]

The Cedar River is a Meandered River and can be trapped up to the normal highwater mark "From the Iowa River to west line township 81 north, range 13west, Black Hawk County, at Cedar Falls".


Gene

[Hawkeye]

Kyle,
I have very few possum catches along the river with 220's. Buckets set higher on bank might produce possums but the closer to water I get I catch very few! (possums scared of water?)
works for me

[kyle]

We have concluded that I can trap up to the high water mark, but how many feet up the bank is the high water mark?

[tommytjf]

Kyle, here is a pic of what I always thought to be the high water line. As long as you don't climb up over the bank, you should be fine. You will see it in red.



Hope this helps.
Tom

[paulb]

Gene,,,is the little sioux up in my area a meandered stream?,,,i was under the impression the state owned the water and the fishes there in, and the land owner owned the stream bottom,,,any idea where to get a list of meandered streams in the state of Iowa?,,thanks,,,Paul

[x-demoman]

I am in Milford tonight and my stuff is at home. I have a copy of the meandered streams and will send you a copy later this week. ADC had it posted on this site earlier like last fall. I got my copy from the local county conservation director.

Gene

[BigT]

Hey Paul, I think that the Little Sioux is not a meandering stream till south of Peterson if I remember ADC's post.

[kyle]

Okay, thanks for the picture. I'll get as many permissions as I can just to be safe. I don't see any problems or conflicts though, I'll be far from any house. Thanks Guys

[jdrogge]

I don't think they consider the little sioux a meandering stream, too bad it would be a lot of fun to run a river line like that.

[paulb]

probaly good for me the little sioux is not meandered,,,i have rights on 1/2 mile+ of really good stream,,,,

[tommytjf]

I think the DNR and or law makers need to clarify more on this.
Either a river is meandered or not. Not some places and not others.
I think if there is public access to a river it should be meandered.
Creeks and streams are different.
Just my opinion.
Tom

[Griz]

The following is based on information from the following website, www.skunkriverpaddlers.org/files/attorneygeneralopinion.htm

“Courts in several other jurisdictions have concluded that activities such as recreational boating and activities "incident to navigation" such as fishing, wading, swimming, and hunting waterfowl are within the scope of the public right of recreational navigation on streams flowing over privately owned stream beds.”

“In 1981 Iowa's criminal trespass statute was amended to specify a prohibition against entering property to hunt, fish or trap without express permission from the landowner or agent. 1981 Iowa Acts, 69th G.A., ch. 205, section 1 (codified at Iowa Code section 716.7(2)(a) (1995)). We thus need to consider whether this statute conflicts with section 462A.69 and, if so, how the conflict should be resolved.

If two statutes are irreconcilable, the statute latest enacted prevails. Iowa Code section 4.8; Doe v. Ray, 251 N.W.2d 496, 503 (Iowa 1977). Ambiguities in penal statutes are strictly construed against the State. First Iowa State Bank v. Iowa Dept. of Natural Resources, 502 N.W.2d 164, 166 (Iowa 1993). If a general provision conflicts with a special or local provision, they shall be construed, if possible, so that effect is given to both. Iowa Code section 4.7.

Applying these rules of construction, we conclude that section 462A.69 would bar prosecution of a person for criminal trespass arising from boating, fishing, or wading in the bed of a stream that is navigable as defined in Iowa Code section 462A.2(16). Section 462A.69 was enacted one year later than section 716.7(2)(a). Additionally, section 716.7 is a penal statute while section 462A.69 is not penal. Although section 716.7(2)(a) is more specific than section 462A.69 with respect to hunting, fishing, or trapping, it is less specific with respect to the property to which it applies.

Courts in other jurisdictions have recognized a public right to hunt waterfowl from a boat on a stream flowing in a privately owned bed. Diana Shooting Club v. Husting, supra. However, generally, hunting is less likely than wading and fishing to be viewed as an incident of recreational navigation. To the extent that waterfowl hunting is customary in Iowa stream beds, some particular types of waterfowl hunting might be considered as incidental to public recreational navigation. It would not be appropriate for us to speculate on particular facts and circumstances which might make section 462A.69 relevant in a criminal trespass prosecution for hunting waterfowl in a privately-owned stream bed.”

“It is our opinion that members of the public may float on any stream that is navigable as defined in Iowa Code section 462A.2(16) and engage in activities incident to navigation, including fishing, swimming, and wading. To the extent that waterfowl hunting is customary in Iowa stream beds, some particular types of waterfowl hunting might be considered as incidental to public recreational navigation.”

I am not a lawyer, so in many ways this seems clear as mud and really leaves trapping with a thin interpretation. Since waterfowl hunting is somewhat iffy, trapping may be even more iffy and would have to be "incident to navigation".

[minnow]

Checking in with the local DNR officer would not hurt. The last thing you want is a complaint on you. He may all ready have a few dos & donts.

Griz This may be more of what type of Judge you may get more than anything. Whats K9 think?

Minnow